Employment – Whistleblower – Sarbanes-Oxley Act

The whistleblower protection provision in the Sarbanes-Oxley Act applies does not extend to employees of private companies that are contractors or subcontractors to publicly traded companies.

Lawson, et al. v. FMR LLC, et al. (Lawyers Weekly No. 01-035-12) (73 pages) (Lynch, C.J.) (Thompson, J., dissenting) (1st Circuit) Appealed from a decision by Woodlock, J., in the U.S. District Court for the District of Massachusetts. Paul E. Nemser, with whom Wilfred J. Benoit Jr., Goodwin Proctor, Eugene Scalia, Jennifer J. Schulp and Gibson, Dunn & Crutcher were on brief, for the defendants-appellants; Robin S. Conrad, Shane B. Kawka, National Chamber Litigation Center, Inc., Willis J. Goldsmith, Wendy C. Butler and Jones Day on brief for Chamber of Commerce of the United States of America, amicus curiae; Indira Talwani, with whom Segal Roitman was on brief, for appellee/cross-appellant Jackie Hosang Lawson; Jonathan M. Zang pro se; Mary J. Rieser, with whom M. Patricia Smith, Jennifer S. Brand and Jonathan T. Rees were on brief, for the Secretary of Labor as amicus curiae; Mark D. Cahn, Richard M. Humes and Thomas J. Karr on brief for the Securities and Exchange Commission as amicus curiae (Docket No. 10-2240) (Feb. 3, 2012).